2023 (4) TMI 765 - AT - Central Excise

Valuation for calculation of Excise Duty - cost of corrugated boxes (packing material) supplied free of cost by the buyers to the appellant is includible in the transaction value of the metal containers manufactured and supplied by the appellant for the purpose of payment of central excise duty, or not - applicability of Clause (a) of Sub-section (1) of Section 4 of the Central Excise Act - HELD THAT - The matter is no longer res-integra as this tribunal in the appellant s own case M/S. KAIRA CAN COMPANY LTD VERSUS C.C.E S. T- AHMEDABAD-III 2019 (12) TMI 114 - CESTAT AHMEDABAD has already decided the issue against them and has held that the cost of free supplied corrugated boxes need to be included into the assessable value of the metal containers for the purpose of payment of Central Excise duty. The demand on merit is sustainable - appeal dismissed.

Summary

Issues Involved:
1. Inclusion of cost of packing material supplied free of cost in the transaction value for excise duty.
2. Applicability of extended period for demand due to alleged suppression of facts.

Summary:

1. Inclusion of Cost of Packing Material:
The primary issue is whether the cost of corrugated boxes supplied free of cost by the buyers should be included in the transaction value of metal containers for the purpose of central excise duty. The department contends that the free supply of packing materials constitutes an additional consideration, thus the price is not the sole consideration for the sale. This interpretation aligns with Clause (a) of Sub-section (1) of Section 4 of the Central Excise Act, 1944, and Rule 6 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. The tribunal found that the cost of such packing materials must be included in the transaction value, referencing its own prior decision in Excise Appeal No. 423 of 2012 (M/s. Kaira Can Company Limited).

The tribunal reiterated that the value of goods must include the total value in the form they are cleared from the factory, which includes the cost of packing materials provided free of cost by the buyers. The tribunal dismissed the appellant's argument that the packing cost is beyond the stage of manufacturing, emphasizing that excise duty is chargeable on the value of goods as they are cleared from the manufacturer's factory.

2. Applicability of Extended Period for Demand:
The appellant argued against the invocation of the extended period for demand, claiming no mala fide intention or suppression of facts. The tribunal observed that the appellant had declared the receipt of corrugated cartons free of cost from their customers and had not included their value in the assessable value. Since this fact was disclosed during the audit and no suppression was found, the tribunal ruled that the demand for the period before one year from the date of the show cause notice is time-barred.

Conclusion:
The tribunal upheld the demand on merit, confirming that the cost of corrugated boxes supplied free of cost must be included in the transaction value of metal containers for excise duty purposes. However, it set aside the demand for the extended period, deeming it time-barred. The appeal was dismissed, and the order was pronounced in the open court on 17.04.2023.